Glossary – Page 12
Substantive definitions of planning terms with their policy source and a worked example.
Glossary articles – page 12
485 articlesMaterial change of use under section 55
A change of use needs planning permission only if it is material, and materiality turns on the character of the use rather than the occupier or the trading name.
Fall-back position as a material consideration
A fall-back argument changes the comparison from proposal against empty site to proposal against the alternative. Here is the real prospect threshold and how to evidence it.
Hazardous substances consent and HSE consultation zones
Consent under the Planning (Hazardous Substances) Act 1990 attaches to land, not to an operator. How consultation distances are drawn, what advice against means, and how to design around it.
Neighbourhood plans and the weight they carry
Neighbourhood plan weight changes on the day the plan is made. The basic conditions, the effect of section 38(5) on conflict with the local plan, and how to evidence Local Green Space.
Section 38(6) and the development plan in decisions
Section 38(6) of the Planning and Compulsory Purchase Act 2004 sets the order of every English planning decision. What the development plan includes, how conflicts are resolved and when material considerations displace it.
Material considerations and what the law allows
What makes a consideration material in planning law, the two-part test the courts apply, and why materiality and weight are different questions.
Curtilage in planning and listed building law
What curtilage means in planning, the factors that fix it, how curtilage listing works under section 1(5), and where a garden is not curtilage at all.
Swept path analysis: what highway officers expect to see
What a swept path drawing has to show, how to choose the design vehicle, and the errors that send vehicle tracking back from the highway authority.
Article 9A fire statements: when your application needs one
Article 9A of the DMPO 2015 requires a fire statement with planning applications involving relevant buildings, and triggers consultation with the Health and Safety Executive at Planning Gateway One.
Nutrient budget
A nutrient budget compares the nitrogen or phosphorus load from a scheme with the existing land use. A positive figure means mitigation before permission can be granted.
Planning contravention notice
A planning contravention notice is a demand for information about a suspected breach, not enforcement action. There is no appeal, but failing to reply within 21 days is an offence.
Aftercare condition
An aftercare condition is what follows restoration: specified steps over a five year period to bring the land to the standard for agriculture, forestry or amenity.
Biodiversity units explained
Units are not area. Two sites of the same size can differ by an order of magnitude, and the survey date alone can move a baseline enough to break a layout.
Settlement boundaries in local plans
Settlement boundaries separate the built-up area from open countryside in a local plan. Here is what the line does, how inspectors test it at examination, and what an edge-of-boundary case has to prove.
Habitats regulations assessment
The applicant can write it, but the local planning authority must adopt it. And mitigation belongs in appropriate assessment, not in screening.
Written ministerial statements in planning
Statements made to Parliament can change how applications are decided overnight, without a consultation and without touching the Framework text.
The duty to cooperate and why plans fail on it
Section 33A of the 2004 Act obliges authorities and prescribed bodies to engage constructively on strategic matters. Unlike soundness, a breach cannot be fixed by main modifications.
Holding directions in planning and what they stop
A holding direction under article 31 restricts the grant of permission, not the refusal. What it means for a scheme awaiting a call-in decision.
Non-determination and the deemed refusal appeal
A missed determination deadline creates a right of appeal under section 78, not a deemed refusal. When to use it, and why waiting is often faster.
Precedent in planning decisions and how to use it
A neighbour's approval does not bind the council, yet consistency is a material consideration an officer must address. How to present comparable cases properly.
Amenity in planning terms: what officers actually assess
Amenity is undefined in statute but decides more householder applications than anything else. What it covers, the conventions councils apply, and how to argue it.
Supplementary planning documents and the weight they carry
Supplementary planning documents are material considerations, not development plan policy. How to test whether one is elaborating a policy or inventing one.
Departure applications: publicity, referral and the case
Departures are not harder in law, only louder in procedure. What triggers the newspaper advertisement, when referral actually applies, and how to draft the balance.
Prematurity as a reason for refusing planning permission
Refusal on prematurity grounds is rare and hard to sustain. The two conditions in national policy, the plan stages that matter, and how to rebut the objection.
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